Smes' intellectual property management should consider their own resource conditions and make rational planning, which can be carried out from the following three aspects:
I. identification of enterprise intellectual property rights
(1) enterprises of different industries and sizes have different forms of intellectual property. Some may be trademarks, some may be patents. It could be copyright and so on. For small and medium-sized enterprises in different industries, since they do not have special legal departments, it is unclear whether they need to protect intellectual property rights of their enterprises, or whether they will constitute infringement of intellectual property rights of others. Therefore, it needs special legal counsel to protect the intellectual property of the enterprise and identify the intellectual property to avoid infringement.
Ii. Establishment of enterprise intellectual property system
The establishment of enterprise intellectual property management system should highlight three aspects:
(1) incentive system
Incentive system is an important mechanism to motivate employees to engage in knowledge creation. Through different incentive systems, enterprises encourage employees to innovate and improve their independent innovation ability and market competitiveness. For example, some companies establish a direct cash incentive mechanism for patent application; Some companies link qualification examination, promotion and patent application quantity and quality of professional technicians.
(2) constraint and responsibility system
The restraint system is to regulate the behavior of enterprise employees to avoid the leakage or loss of enterprise intellectual property through employees. If an enterprise may consider signing an intellectual property rights and confidentiality agreement with its employees as an appendix to the labor contract, clarify the ownership of intellectual property rights of job-related inventions and creations, list the scope of business secrets of the enterprise and the confidentiality obligations of employees, etc.
(3) education and training system
Intellectual property awareness is the basis of intellectual property work. The cultivation of employees' intellectual property awareness is not a matter of a day, but a long-term and continuous work. Therefore, only by establishing a long-term and effective education and training system can enterprises' intellectual property work be carried out more deeply.
Iii. Management of intellectual property rights
For some small and medium-sized enterprises, it is also a good way to realize the management of their own intellectual property through the outsourcing of intellectual property management when they do not have the capability of intellectual property management. Intellectual property outsourcing services generally include: patent application writing, OA reply, patent search, patent infringement litigation, trademark registration and opposition, etc. If a small and medium-sized enterprise has to deal with similar problems by itself, it may need to set up an intellectual property department and establish a set of intellectual property management process and system in addition to professional intellectual property personnel. This is sometimes unrealistic for small and medium-sized enterprises.
Therefore, the enterprise can through the way of own intellectual property affairs outsourcing, namely transform itself involves intellectual property affairs entrusted to a suitable intellectual property agency for (such as patent application, trademark registration, patent infringement lawsuit, etc.), so that enterprises can not only obtain relatively complete intellectual property management service, also can save some for setting up intellectual property department need the money and energy.